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- Title
OLG Frankfurt: Keine Zweifel an Vaterschaftsvermutung durch Dating-Plattform.
- Authors
Pfeiffer, Jan
- Abstract
The Federal Court of Justice (BGH) has confirmed that Amazon has a dominant cross-market significance for competition. The Federal Cartel Office (BKartA) had determined that Amazon has a dominant position in the German market for online marketplace services and possesses superior financial strength as well as access to competition-relevant data. The Higher Regional Court of Frankfurt has ruled that getting to know someone through a dating platform alone does not create serious doubts about the presumption of paternity. The Higher Regional Court of Frankfurt has rejected a father's complaint against the decision that he is the father of a child. The mother has credibly stated that the father was present during the conception period. The fact that the mother and father met through an internet portal does not imply that the mother had sexual intercourse with other people during the conception period. The Higher Regional Court of Frankfurt made the decision based on an expert opinion that resulted in a probability of over 99.99% for the complainant's paternity. In another case, the Regional Court of Koblenz ruled that it is impermissible for a company to demand telephone confirmation of an online declaration of termination. The court determined that a confirmation link via email is just as suitable as a phone call and that the company's procedure forces the consumer to make a business decision that they would not otherwise have made.
- Subjects
FRANKFURT am Main (Germany); KOBLENZ (Germany); CONSUMER behavior; WEB portals; SEXUAL intercourse; ONLINE marketplaces; TELEPHONE companies; AMAZON.COM Inc.; MARKETPLACES
- Publication
Computer und Recht, 2024, Vol 40, Issue 5, pr55
- ISSN
0179-1990
- Publication type
Article
- DOI
10.9785/cr-2024-400520